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California Court of Appeal: Confrontation Clause Violated Where Defense Prohibited From Cross-Examining Prosecution Witness About Biased Motivation and Fabrication
Loaded on Jan. 15, 2024
by Douglas Ankney
published in Criminal Legal News
January, 2024, page 47
Filed under:
Confrontation Clause/Rights,
Cross-Examination,
Witnesses - Examination of,
Cooperating Witnesses,
Scope of.
Location:
California.
by Douglas Ankney
The Court of Appeal of California, First Appellate District, held that Cecilio Castaneda-Prado’s right to confront his accusers was violated when the superior court prohibited his attorney from cross-examining a prosecution witness about biased motivation and fabrication after the witness had testified at the preliminary hearing that ...
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More from this issue:
- Federal Sentencing Guidelines Undergo Substantial Amendments, by David Reutter
- California Court of Appeal: Probation Condition Prohibiting Possession of Pornography Impermissibly Vague, by Douglas Ankney
- FBI Access to FISA Database Includes Some Accountability, by Anthony Accurso
- DOJ Spending Over $6 Billion in Firms to Seize Innocent Citizens’ Property Via Civil Asset Forfeiture, by Douglas Ankney
- Indiana Supreme Court Suppresses All Evidence Related to Polygraph Exam for Examiner’s Failure to Disclose Unilater-ally Changing Exam Results From ‘Admissible’ to ‘Inadmissible’ Due to Defendant’s Mental State, by Anthony Accurso
- Survey: Why Defendants Cooperate with the Government in a Process Described as ‘Unfair’ by Defense Attorneys, by Douglas Ankney
- West Virginia University Forensic Scientists Provide a Benchmark for Analyzing Duct Tape Fracture Edges, by Jo Ellen Nott
- FBI Buys Software to Enslave Your Phone, by Michael Thompson
- The White House Goes Rogue: Secret Surveillance Program Breaks all the Rules, by Nisha Whitehead, John W. Whitehead
- House Judiciary Committee Investigates Major Banks for Unauthorized Sharing of Private Financial Information With the FBI, by Jo Ellen Nott
- Second Circuit: Money Concealment Guilty Plea Vacated for Lack of Evidence to Support Factual Finding of Required Mens Rea, by David Reutter
- Oregon Supreme Court Announces Overruling of Precedent on ‘Attempted Transfer’ of Drugs, by David Reutter
- Maryland Supreme Court Announces Expectation of Privacy Covers Electronic Data, Not Physical Devices, Thus War-rantless Search of Government’s Copy of Defendant’s Hard Drive After Consent Revoked Violated Fourth Amendment, by Douglas Ankney
- Fifth Circuit Affirms Habeas Relief Granted to Capital Defendant Where Counsel Failed to Impeach State’s Pivotal Wit-ness with Available Forensic Evidence, by Douglas Ankney
- First Circuit Announces It Has Authority to Raise Claim of Error Sua Sponte for Violation of ‘Mandate Rule’ by Sentenc-ing Court on Remand, by Richard Resch
- Human DNA Retrieved From Dogs Might Provide Evidence, by Douglas Ankney
- Sixth Circuit: Trial Judge’s Personal and Condemnatory Remarks Directed Toward Defendant Requires Recusal, by Douglas Ankney
- Police Requests to Google Replacing Old Fashioned Detective Work, by Anthony Accurso
- One Solution to Jurors Giving Too Much Weight to Improper Forensic Testimony: 4-Minute Training Video Based on DOJ Guidelines, by Matthew Clarke
- California Court of Appeal: Defendants Who Plead Guilty to Stipulated Sentence Eligible for Resentencing Under Amended § 1170.91, by Douglas Ankney
- California Bans Bogus ‘Excited Delirium’ Diagnosis as Cause of Death, by Douglas Ankney
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- U.S. Supreme Court Apparently Prioritizes Ideology Over Guilt or Innocence, by Douglas Ankney
- Jesse Johnson: 194th Person Exonerated While on Death Row, by Jordan Arizmendi
- Kansas Supreme Court Announces State Must Prove Defendant Specifically Intended to Enter Dwelling in Which There Was a Person to Sustain Conviction for Attempted Aggravated Burglary, Overruling State v. Watson, by Douglas Ankney
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- News in Brief
More from Douglas Ankney:
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- Rikers Island Continues Long Practice of Denying Education to Young Adults, Feb. 15, 2025
- Monterey County Pays $1 Million to Settle Suit Over Detainee Suicide by Toilet Tissue; Wellpath Pays Another Undisclosed Sum, Feb. 15, 2025
- Sixth Circuit Revives Challenge by Kentucky Prisoner Left Three Weeks in “Rancid” Paper Undershorts, Feb. 15, 2025
- California Court of Appeal: Evidence Insufficient to Show Robbery Victim Moved ‘Substantial Distance’ to Support Simple Kidnapping Conviction and Amendments to § 186.22 Require Vacatur of Gang Enhancements, Feb. 15, 2025
- Fourth Circuit Revives Claims Against Virginia Jailers by Detainee They Allegedly Manhandled While Handcuffed, Feb. 15, 2025
- Fourth Circuit Reinstates North Carolina Prisoner’s Failure-to-Protect Claim Against Guard in Stabbing, Feb. 15, 2025
- Minnesota Supreme Court Announces No Duty to Retreat When Using Reasonable Force in Defense of Another and Provides Framework for Analyzing Such Claims, Feb. 1, 2025
- NIJ Partners With Doctor to Develop Better Screening Method to Detect and Identify Drugs Postmortem, Jan. 15, 2025
- Fines and Fees Destroy the Impoverished and Perpetuate Mass Incarceration, Jan. 15, 2025
More from these topics:
- Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic or ‘Other Global Events’ Such as Wars and Natural, Feb. 15, 2025. COVID-19, Confrontation Clause/Rights, Practitioner Exception.
- Third Circuit Grants Habeas Relief to Prisoner on Confrontation Clause and Ineffective Assistance Claims Based on Trial Court Reading Entire Criminal Information Into the Record of Co-Conspirator Who Pleaded Guilty, Feb. 15, 2025. Habeas Corpus, Ineffective Assistance of Counsel, Exculpatory No Doctrine, Confrontation Clause/Rights, Witnesses - Prior Statements/Testimony, Plea Agreements/Guilty Pleas.
- SCOTUS Announces Confrontation Clause Prohibits Expert Witness From Testifying About Non-Testifying Expert’s Statements Regarding Forensic Testing Performed by Non-Testifying Expert in Support of Testifying Expert’s Opinion Testimony at Trial, Jan. 15, 2025. Forensic Sciences, Fourteenth Amendment, rights, Exclusion of Witnesses at Trial, Confrontation Clause/Rights.
- Montana Supreme Court: Expert Witness Testimony Presented Via Two-Way Video Conferencing Technology Violates Confrontation Clause, Dec. 1, 2024. Eyewitness Testimony, Confrontation Clause/Rights, Confrontation Clause, Sentencing by Videoconferencing.
- Idaho Supreme Court Admitting Video of Child-Witness Interviews at Trial Violates Confrontation Clause, June 15, 2024. Confrontation Clause/Rights, Video/Closed Circuit TV Testimony, Video Cameras, Crawford, Testimonial Statements.
- Massachusetts Supreme Court: Probationer’s Due Process Right to Present a Defense Violated Where Denied Opportunity to Call Complainant Who Alleged Sexual Assault as a Witness During Probation Revocation Hearing, March 15, 2023. Sexual Assault, Revocation Proceedings, Witnesses - Examination of.
- Fifth Circuit: Officer’s Testimony About CI’s Controlled Buy That He Did Not Personally Witness Violates Confrontation Clause, Sept. 15, 2022. Informants, Confrontation Clause/Rights, Hearsay Evidence.
- Idaho Supreme Court: Telephonic Testimony Violated Defendant’s Sixth Amendment Right to Confrontation, June 15, 2022. Sixth Amendment, Confrontation Clause/Rights.
- Connecticut Supreme Court: Trial Court Abused Discretion by Limiting Self-Represented Defendant’s Direct Examination Regarding Risk of Injury to a Child, May 1, 2022. Child Abuse/Abusers, Witnesses - Examination of.
- SCOTUS Rejects ‘Opening the Door’ Rule to Correct ‘Misleading Impression’ as Exception to Confrontation Clause Allowing Admission of Unconfronted Testimonial Hearsay, March 15, 2022. Confrontation Clause/Rights, Present Sense Impression.
